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Federal Communications Commission
Washington, D.C. 20554
In the Matter of James R. Winstead Licensee of Amateur Station KD5OZY
Coleman, Texas ) ) ) ) ) ) ) File No.: EB-FIELDSCR-14-00013418 NAL/Acct.
No.: 201432500003 FRN: 0005642657
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: February 19, 2014 Released: February 19, 2014
By the District Director, Dallas Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that James R. Winstead, licensee of Amateur Station KD5OZY, in
Coleman, Texas (Station), apparently willfully violated Section 333 of
the Communications Act of 1934, as amended (Act), and Section
97.101(d) of the Commission's rules (Rules),^ by operating a radio
transmitter to interfere with the communications of other licensees.
We conclude that Mr. Winstead is apparently liable for a forfeiture in
the amount of seven thousand dollars ($7,000).
2. On January 21, 2014, in response to several complaints of intentional
interference from amateur licensees on the frequency 7.195 MHz, an
agent of the Enforcement Bureau's Dallas Office (Dallas Office), using
mobile direction finding techniques, positively identified the source
of transmissions to 207 S. Commercial Avenue, Coleman, Texas, the
address of record for Mr. Winstead's Station. The agent monitored the
transmissions emanating from the Station for approximately 30 minutes
and heard Mr. Winstead replay multiple times short sentences or
conversations that had just been transmitted and occasionally speak
the word "George." Mr. Winstead replayed recorded conversations so
frequently that other licensees were unable to complete their
conversations.^ The agent identified himself, requested to inspect the
radio station located on the premises, inspected Mr. Winstead's
amateur radio station, and observed that his radio equipment was tuned
to the frequency 7.195 MHz. During the inspection, Mr. Winstead showed
the agent how he recorded and retransmitted other amateur licensees'
communications. He also admitted that he intentionally interfered with
amateur communications on 7.195 MHz and had an ongoing disagreement
with another amateur licensee named George.
3. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty.^ Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law.^ The legislative
history to Section 312(f)(1) of the Act clarifies that this definition
of willful applies to both Sections 312 and 503(b) of the Act,^ and
the Commission has so interpreted the term in the Section 503(b)
A. Intentional Interference to Licensed Amateur Radio Communications
4. The evidence in this case is sufficient to establish that Mr. Winstead
violated Section 333 of the Act and Section 97.101(d) of the Rules.
Section 333 of the Act prohibits any person from willfully or
maliciously interfering with or causing interference to any radio
communications of any licensed station.^ Section 97.101(d) of the
Rules states that "[n]o amateur operator shall willfully or
maliciously interfere with or cause interference to any radio
communication or signal."^ On January 21, 2014, an agent from the
Dallas Office determined that Mr. Winstead retransmitted multiple
times short sentences and conversations of other licensees and spoke
the word "George." These transmissions were so frequent that they did
not appear to have any purpose other than to interfere with the
communications of other licensees. During an inspection of his
Station, Mr. Winstead admitted that he had been trying to interfere
with other amateur licensees' communications. Based on the evidence
before us, we find that Mr. Winstead apparently willfully violated
Section 333 of the Act and Section 97.101(d) of the Rules by
intentionally interfering with other licensed amateur radio
B. Proposed Forfeiture
5. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for interference to
radio communications is $7,000.^ In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set forth
in Section 503(b)(2)(E) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and other such matters as justice may
require.^ Applying the Forfeiture Policy Statement, Section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that Mr. Winstead is apparently liable for a total forfeiture in the
amount of $7,000 for intentionally interfering with other amateur
radio communications.^ We caution Mr. Winstead, however, that future
violations of this kind may result in significantly higher
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Rules,
James R. Winstead is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of seven thousand dollars ($7,000) for
violations of Section 333 of the Act and Section 97.101(d) of the
7. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
within thirty (30) calendar days of the release date of this Notice of
Apparent Liability for Forfeiture, James R. Winstead SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
8. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account Number
and FRN referenced above. Mr. Winstead shall also send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
Regardless of the form of payment, a completed FCC Form 159
(Remittance Advice) must be submitted.^ When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID)
and enter the letters "FORF" in block number 24A (payment type
code). Below are additional instructions you should follow based on
the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
9. Any request for making full payment over time under an installment
plan should be sent to: Chief Financial Officer--Financial
Operations, Federal Communications Commission, 445 12th Street, S.W.,
Room 1-A625, Washington, D.C. 20554.^ If you have questions
regarding payment procedures, please contact the Financial Operations
Group Help Desk by phone, 1-877-480-3201, or by e-mail,
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Dallas Office, 9330 LBJ Freeway, Suite 1170, Dallas,
Texas 75243, and include the NAL/Acct. No. referenced in the caption.
Mr. Winstead also shall e-mail the written response to
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting principles (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and first class mail to James R. Winstead at his address of
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
South Central Region
^ 47 U.S.C. S 333; 47 C.F.R. S 97.101(d).
^ The agent estimates that Mr. Winstead disrupted approximately 20-23
minutes worth of conversations over a 30-minute period, by transmitting
many short transmissions totaling about 12-15 minutes.
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 312(f)(1).
^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in Section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law.").
^ See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
Order, 6 FCC Rcd 4387, 4388, para. 5 (1991), recons. denied, 7 FCC Rcd
^ 47 U.S.C. S 333.
^ 47 C.F.R. S 97.101(d).
^ The Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.
^ 47 U.S.C. S 503(b)(2)(E).
^ See, e.g., Daniel Granda, Forfeiture Order, 19 FCC Rcd 12781 (Enf. Bur.
2004) (imposing $7,000 forfeiture for violation of Section 333 of the Act
and Section 97.101 of the Rules); Robert L. Meyers, Forfeiture Order, 15
FCC Rcd 8045 (Enf. Bur. 2000) (imposing base forfeiture amount of $7,000
for violation of Section 333 of the Act and Section 97.101 of the Rules).
^ 47 U.S.C. SS 333, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
^ 47 C.F.R. SS 1.16, 1.80(f)(3).
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Federal Communications Commission DA 14-204
Federal Communications Commission DA 14-204